GDPR consent design: how granular must adtech opt-ins be?

Dr Johnny Ryan GDPR

This note examines the range of distinct adtech data processing purposes that will require opt-in under the GDPR.[1] In late 2017 the Article 29 Working Party cautioned that “data subjects should be free to choose which purpose they accept, rather than having to consent to a bundle of processing purposes”.[2] Consent requests for multiple purposes should “allow users to give specific consent for specific purposes”.[3]  Rather than conflate several purposes for processing, Europe’s regulators caution that “the solution to comply with the conditions for valid consent lies in granularity, i.e. the separation of these purposes and obtaining consent for each purpose”.[4] This draws upon GDPR, Recital 32.[5] In short, consent requests must be granular, showing opt-ins for each distinct purpose. How granular must consent opt-ins be?